>>WPI could not have launched independently of Amphastar, while Amphastar could have launched independently of WPI. So, in this technical sense, the launch was Amphastar’s call.<<
This may actually have some bearing. I forget which of the two handled retail, and which handled commercial/hospital accounts. But suppose Watson was more afraid of a negative judgement than Amphastar, for reasons others have noted. Could Watson decline to launch in its segment, thus absolving itself of infringement? Amphastar might well consider this breach and sue Watson, so not an easy choice, but one that might be running through the minds of Watson execs.
Regards, RockRat
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